Richards v. State of New York
| Decision Date | 11 January 1954 |
| Citation | 205 Misc. 3 |
| Parties | Hadwin W. Richards, Claimant,<BR>v.<BR>State of New York, Defendant. (Claim No. 31394.) |
| Court | New York Court of Claims |
Benjamin M. Gingold and Morris Garber for claimant.
Nathaniel L. Goldstein, Attorney-General (Lawrence H. Wagner of counsel), for defendant.
This claim was filed to recover damages for personal injuries alleged to have been sustained by the claimant by reason of the negligence of the State of New York. The claimant was committed to Attica State Prison by Honorable LEO W. BREED, Onondaga County Judge, on a charge of abandonment of his children (Penal Law, § 480), and he was received at the prison on August 8, 1949. About two weeks after his admittance, he was assigned to work in the metal shop as a punch press operator.
On December 7, 1949, claimant, while an inmate of Attica State Prison, was put to work on an electric-powered punch press, which notched sheets of steel to be used as shelves for lockers.
The claimant testified that between 10:30 A.M. and 11 o'clock in the morning of that day, he completed an assigned job and left the machine. Another inmate, Spencer Clark, known as the setup man, adjusted the machine; and during this interim, according to claimant's statement, he was in the metal shop seated with his back to Clark, talking with other inmates, and he could not see what Clark was doing. When the press was set up for the necessary operation, Clark called and the claimant returned to the machine.
There was a metal table about thirty inches in height on the left of this press, and another similar table about six inches higher on its right side. Claimant testified that when he came to his press, he saw about twenty-six sheets of steel, twenty-two to twenty-four gauge, about fifteen by twelve in size, piled up on the right front portion of the left table with two pattern sheets which had been cut by Clark in setting up the machine on top. Claimant further testified that he did not place the sheets of steel on the table and did not know who did. When claimant picked up the two pattern sheets from the top of the pile and turned to the right to hand them to Clark to be placed on the right table, the pile of sheet metal fell on claimant's left foot, injuring the big toe and the toe next to it. At this time, claimant was wearing ordinary leather prisoner's shoes.
The claimant was the only witness sworn in his own behalf as to how this accident happened, although it appears that Spencer Clark, the setup man, and other inmates were present in the metal shop at the time of the accident. The claimant failed to establish the position of the plates before he removed the two pattern plates, and he also failed to prove or explain what caused the plates to fall on his left foot.
This claim is based upon allegations of negligence and before any recovery, the claimant must prove that the accident...
To continue reading
Request your trial
-
Gonzalez v. State
...N.Y.S.2d 754; Kowalski v. State, 7 A.D.2d 762, 179 N.Y.S.2d 925; Fitzgerald v. State, 28 Misc.2d 283, 217 N.Y.S.2d 817; Richards v. State, 205 Misc. 3, 127 N.Y.S.2d 14. Where the circumstances, during decedent's confinement at the Rehabilitation Center and immediately prior to his death are......
-
Broadus v. State, 50323
...N.Y.S.2d 737, app. dism. 108 N.Y.S.2d 967), he is charged with proving his freedom from contributory negligence. Richards v. State of New York, 205 Misc. 3, 127 N.Y.S.2d 14; Callahan v. State of New York, 19 A.D.2d 437, 243 N.Y.S.2d 881, affd. w/o opn. 14 N.Y.2d 665, 249 N.Y.S.2d 871, 198 N......
-
Fitzgerald v. State, s. 34630
...The mere happening of an accident carries with it no presumption of negligence on the part of the State. Richards v. State of New York, 205 Misc. 3, 127 N.Y.S.2d 14. The accident must have been caused by the sudden ignition of compressed gas, which presupposes the presence of fire; it could......
- MATTER OF HUTTER v. Town of Brookhaven